Full Text of SB3254 100th General Assembly
SB3254 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3254 Introduced 2/15/2018, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: | | New Act | | 20 ILCS 801/80-20 | | 20 ILCS 1105/1 | from Ch. 96 1/2, par. 7401 | 20 ILCS 1105/3 | from Ch. 96 1/2, par. 7403 | 20 ILCS 1108/15 | | 20 ILCS 1110/3 | from Ch. 96 1/2, par. 4103 | 20 ILCS 1110/3.1 | from Ch. 96 1/2, par. 4103.1 | 20 ILCS 1110/6 | from Ch. 96 1/2, par. 4106 | 20 ILCS 1110/11 | from Ch. 96 1/2, par. 4111 | 30 ILCS 330/7 | from Ch. 127, par. 657 | 30 ILCS 730/2 | from Ch. 96 1/2, par. 8202 | 30 ILCS 730/4 | from Ch. 96 1/2, par. 8204 | 735 ILCS 30/15-5-5 | | 815 ILCS 355/1 | from Ch. 96 1/2, par. 9551 |
|
Creates the Executive Order 3 (2017) Implementation Act. Implements and supersedes Executive Order 3 (2017). Provides that all powers, duties, rights, and responsibilities of the Office of Coal Development and Marketing established in accordance with the Energy Conservation and Coal Development Act under the Department of Commerce and Economic Opportunity are transferred to the Department of Natural Resources. Makes corresponding changes to various Acts. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB3254 | | LRB100 18761 SLF 33996 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Executive Order 3 (2017) Implementation Act. | 6 | | Section 5. Effect. This Act, including all of the | 7 | | amendatory provisions of this Act, implements and supersedes | 8 | | Executive Order 3 (2017). | 9 | | Section 10. Functions transferred. On the effective date of | 10 | | this Act or as soon thereafter as practical, all powers, | 11 | | duties, rights, and responsibilities of the Office of Coal | 12 | | Development and Marketing established in accordance with the | 13 | | Energy Conservation and Coal Development Act under the | 14 | | Department of Commerce and Economic Opportunity are | 15 | | transferred to the Department of Natural Resources. All of the | 16 | | general powers reasonably necessary and convenient to | 17 | | implement and administer the Office of Coal Development and | 18 | | Marketing are vested in and shall be exercised by the | 19 | | Department of Natural Resources. | 20 | | Section 20. Representation on boards or other entities. The | 21 | | manner in which any official is appointed, except that whenever |
| | | SB3254 | - 2 - | LRB100 18761 SLF 33996 b |
|
| 1 | | any previous Executive Order or any statute provides for | 2 | | membership on any board, commission, authority, or other entity | 3 | | by a representative or designee of the Department of Commerce | 4 | | and Economic Opportunity with responsibility for the functions | 5 | | transferred to the Department of Natural Resources, the | 6 | | Director of Natural Resources shall designate the same number | 7 | | of representatives or designees of the Department of Natural | 8 | | Resources; | 9 | | (1) whether the nomination or appointment of any official | 10 | | is subject to the advice and consent of the Senate; | 11 | | (2) any eligibility or qualification requirements | 12 | | pertaining to service as an official; or | 13 | | (3) the service or term of any incumbent official serving | 14 | | as of the effective date of this Act. | 15 | | Section 25. Personnel transferred. | 16 | | (b) Personnel and positions within the Department of | 17 | | Commerce and Economic Opportunity that are engaged in the | 18 | | performance of the Office of Coal Development and Marketing | 19 | | functions transferred to the Department of Natural Resources | 20 | | under this Act are transferred to and shall continue their | 21 | | service within the Department of Natural Resources. The status | 22 | | and rights of those employees under the Personnel Code shall | 23 | | not be affected by this Act. The rights of the employees and | 24 | | the State of Illinois and its agencies under the Personnel Code | 25 | | and applicable collective bargaining agreements or under any |
| | | SB3254 | - 3 - | LRB100 18761 SLF 33996 b |
|
| 1 | | pension, retirement, or annuity plan shall not be affected by | 2 | | this Act. | 3 | | Section 30. Books and records transferred. All books, | 4 | | records, papers, documents, property (real and personal), | 5 | | contracts, causes of action, and pending business pertaining to | 6 | | the powers, duties, rights, and responsibilities transferred | 7 | | related to any of the functions of the Office of Coal | 8 | | Development and Marketing transferred under this Act from the | 9 | | Department of Commerce and Economic Opportunity to the | 10 | | Department of Natural Resources, including, but not limited to, | 11 | | material in electronic or magnetic format and necessary | 12 | | computer hardware and software, shall be transferred to the | 13 | | Department of Natural Resources. | 14 | | Section 35. Successor agencies; unexpended moneys | 15 | | transferred. With respect to the functions of the Office of | 16 | | Coal Development and Marketing transferred under this Act, the | 17 | | Department of Natural Resources is the successor agency to the | 18 | | Department of Commerce and Economic Opportunity under the | 19 | | Successor Agency Act and Section 9b of the State Finance Act. | 20 | | All unexpended appropriations and balances and other funds | 21 | | available for use by the Office of Coal Development and | 22 | | Marketing shall, pursuant to the direction of the Governor, be | 23 | | transferred for use by the Department of Natural Resources in | 24 | | accordance with this Act. Unexpended balances so transferred |
| | | SB3254 | - 4 - | LRB100 18761 SLF 33996 b |
|
| 1 | | shall be expended by the Department of Natural Resources only | 2 | | for the purpose for which the appropriations were originally | 3 | | made. | 4 | | Section 40. Reports, notices, or papers. | 5 | | (a) Whenever reports or notices are required to be made or | 6 | | given or papers or documents furnished or served by any person | 7 | | to or upon the Department of Commerce and Economic Opportunity | 8 | | in connection with any of the powers, duties, rights, or | 9 | | responsibilities transferred by this Act to the Environmental | 10 | | Protection Agency, the same shall be made, given, furnished, or | 11 | | served in the same manner to or upon the Environmental | 12 | | Protection Agency.
| 13 | | (b) Whenever reports or notices are required to be made or | 14 | | given or papers or documents furnished or served by any person | 15 | | to or upon the Department of Commerce and Economic Opportunity | 16 | | in connection with any of the powers, duties, rights, or | 17 | | responsibilities transferred by this Act to the Department of | 18 | | Natural Resources, the same shall be made, given, furnished, or | 19 | | served in the same manner to or upon the Department of Natural | 20 | | Resources. | 21 | | Section 45. Office of Coal Development and Marketing; | 22 | | rules. | 23 | | (a) Any rules that (1) relate to the functions of the | 24 | | Office of Coal Development and Marketing transferred to the |
| | | SB3254 | - 5 - | LRB100 18761 SLF 33996 b |
|
| 1 | | Department of Natural Resources by this Act, (2) are in full | 2 | | force on the effective date of Executive Order 3 (2017), and | 3 | | (3) have been duly adopted by the Department of Commerce and | 4 | | Economic Opportunity shall become the rules of the Department | 5 | | of Natural Resources. This Act does not affect the legality of | 6 | | any such rules in the Illinois Administrative Code. | 7 | | (b) Any proposed rule filed with the Secretary of State by | 8 | | the Department of Commerce and Economic Opportunity that | 9 | | pertains to the functions of the Office of Coal Development and | 10 | | Marketing transferred to the Department of Natural Resources by | 11 | | this Act, and that is pending in the rulemaking process on the | 12 | | effective date of Executive Order 3 (2017) shall be deemed to | 13 | | have been filed by the Department of Natural Resources. | 14 | | (c) On and after the effective date of this Act, the | 15 | | Department of Natural Resources may propose and adopt, under | 16 | | the Illinois Administrative Procedure Act, other rules that | 17 | | relate to the functions of the Office of Coal Development and | 18 | | Marketing transferred to the Department of Natural Resources by | 19 | | this Act. | 20 | | Section 50. Rights, obligations, and duties unaffected by | 21 | | transfer. The transfer of powers, duties, rights, and | 22 | | responsibilities to the Department of Natural Resources under | 23 | | this Act does not affect any person's rights, obligations, or | 24 | | duties, including any civil or criminal penalties applicable | 25 | | thereto, arising out of those transferred powers, duties, |
| | | SB3254 | - 6 - | LRB100 18761 SLF 33996 b |
|
| 1 | | rights, and responsibilities. | 2 | | Section 55. Acts and actions unaffected by transfer. | 3 | | (a) This Act does not affect any act done, ratified, or | 4 | | canceled, or any right occurring or established, before the | 5 | | effective date of Executive Order 3 (2017) in connection with | 6 | | any function of the Office of Energy and Recycling transferred | 7 | | under this Act. | 8 | | (b) This Act does not affect any act done, ratified, or | 9 | | canceled, or any right occurring or established, before the | 10 | | effective date of Executive Order 3 (2017) in connection with | 11 | | any function of the Office of Coal Development and Marketing | 12 | | transferred under this Act.
| 13 | | (c) This Act does not affect any action or proceeding had | 14 | | or commenced before the effective date of Executive Order 3 | 15 | | (2017) in an administrative, civil, or criminal cause regarding | 16 | | a function of the Office of Coal Development and Marketing | 17 | | transferred from the Department of Commerce and Economic | 18 | | Opportunity, but any such action or proceeding may be defended, | 19 | | prosecuted, or continued by the Department of Natural | 20 | | Resources. | 21 | | Section 60. Exercise of transferred powers; savings | 22 | | provisions. The powers, duties, rights, and responsibilities | 23 | | related to the functions of the Office of Coal Development and | 24 | | Marketing transferred under this Act are vested in and shall be |
| | | SB3254 | - 7 - | LRB100 18761 SLF 33996 b |
|
| 1 | | exercised by the Department of Natural Resources. Each act done | 2 | | in the exercise of those powers, duties, rights, and | 3 | | responsibilities shall have the same legal effect as if done by | 4 | | the Department of Commerce and Economic Opportunity or its | 5 | | divisions, officers, or employees. | 6 | | Section 65. Relationship to other laws. | 7 | | (a) From the effective date of the reorganization under | 8 | | this Act, and as long as the reorganization remains in effect, | 9 | | the operation of any prior Act of the General Assembly | 10 | | inconsistent with this reorganization is suspended to the | 11 | | extent of the inconsistency. | 12 | | (b) This Act does not contravene, and shall not be | 13 | | construed to contravene, any: federal law; State statute, | 14 | | except as provided in subsection (a) of this Section; or | 15 | | collective bargaining agreement. | 16 | | Section 70. Annual report concerning transfers. The | 17 | | Department of Natural Resources shall provide a report to the | 18 | | General Assembly not later than December 31, 2017 and annually | 19 | | thereafter for 3 years, that includes an analysis of the effect | 20 | | of the reorganization under this Act related to the Department | 21 | | on State government and the Illinois taxpayers. The report | 22 | | shall also include recommendations for further legislation | 23 | | relating to the implementation of the reorganization. A copy of | 24 | | each report shall be filed with the General Assembly as |
| | | SB3254 | - 8 - | LRB100 18761 SLF 33996 b |
|
| 1 | | provided under Section 3.1 of the General Assembly Organization | 2 | | Act. | 3 | | Section 905. The Department of Natural Resources Act is | 4 | | amended by changing Section 80-20 as follows:
| 5 | | (20 ILCS 801/80-20)
| 6 | | Sec. 80-20. Transfer of powers.
| 7 | | (a) Except as otherwise provided in this Act, all of the | 8 | | rights, powers,
and duties vested by law in the Department of | 9 | | Conservation or in any office,
division, or bureau thereof are | 10 | | retained by the Department of Natural
Resources.
| 11 | | All of the rights, powers, and duties vested by law in the | 12 | | Department of
Conservation, or in any office, division, or | 13 | | bureau thereof, pertaining to the
Lincoln Monument are | 14 | | transferred to the Historic Preservation Agency.
| 15 | | (b) Except as otherwise provided in this Act, all of the | 16 | | rights, powers,
and duties vested by law in the Department of | 17 | | Energy and Natural Resources or
in any office, division, or | 18 | | bureau thereof are transferred to the Department of
Natural | 19 | | Resources.
| 20 | | All of the rights, powers, and duties vested by law in the | 21 | | Department of
Energy and Natural Resources, or in any office, | 22 | | division, or bureau thereof,
pertaining to recycling programs | 23 | | and solid waste management, energy
conservation and | 24 | | alternative energy programs, coal development and marketing
|
| | | SB3254 | - 9 - | LRB100 18761 SLF 33996 b |
|
| 1 | | programs, and Exxon overcharge matters are transferred to the | 2 | | Department of
Commerce and Community Affairs (now Department of | 3 | | Commerce and Economic Opportunity) , except for those rights, | 4 | | powers, and duties transferred to the Environmental Protection | 5 | | Agency or the Department of Natural Resource under the | 6 | | Executive Order 3 (2017) Implementation Act .
| 7 | | (c) All of the rights, powers, and duties vested by law in | 8 | | the Department of
Mines and Minerals or in any office, | 9 | | division, or bureau thereof are
transferred to the Department | 10 | | of Natural Resources.
| 11 | | (d) All of the rights, powers, and duties vested by law in | 12 | | the Abandoned
Mined Lands Reclamation Council or in any office, | 13 | | division, or bureau thereof
are transferred to the Department | 14 | | of Natural Resources.
| 15 | | (e) All of the rights, powers, and duties vested by law in | 16 | | the Division of
Water Resources of the Department of | 17 | | Transportation or in any office, division,
or bureau thereof | 18 | | are transferred to the Department of Natural Resources.
| 19 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 20 | | Section 910. The Energy Conservation and Coal Development | 21 | | Act is amended by changing Sections 1 and 3 as follows:
| 22 | | (20 ILCS 1105/1) (from Ch. 96 1/2, par. 7401)
| 23 | | Sec. 1. Definitions; transfer of duties.
| 24 | | (a) For the purposes of this Act, unless the context |
| | | SB3254 | - 10 - | LRB100 18761 SLF 33996 b |
|
| 1 | | otherwise requires:
| 2 | | "Department" means the Department of Natural Resources | 3 | | Commerce and Economic Opportunity .
| 4 | | "Director" means the Director of Natural Resources | 5 | | Commerce and Economic Opportunity .
| 6 | | (b) As provided in Section 80-20 of the Department of | 7 | | Natural Resources
Act, the Department of Commerce and Community | 8 | | Affairs (now Department of Commerce and Economic Opportunity)
| 9 | | shall assume the rights,
powers, and duties of the former | 10 | | Department of Energy and Natural Resources
under this Act, | 11 | | except as those rights, powers, and duties are otherwise
| 12 | | allocated or transferred by law. On and after the effective | 13 | | date of this amendatory Act of the 100th General Assembly, the | 14 | | rights powers, and duties of the Department of Commerce and | 15 | | Economic Opportunity under this Act are transferred to the | 16 | | Department of Natural Resources.
| 17 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 18 | | (20 ILCS 1105/3) (from Ch. 96 1/2, par. 7403)
| 19 | | Sec. 3. Powers and duties.
| 20 | | (a) In addition to its other powers, the Department has the | 21 | | following
powers:
| 22 | | (1) To administer for the State any energy programs and | 23 | | activities
under federal law, regulations or guidelines, | 24 | | and to coordinate such
programs and activities with other | 25 | | State agencies, units of local
government, and educational |
| | | SB3254 | - 11 - | LRB100 18761 SLF 33996 b |
|
| 1 | | institutions.
| 2 | | (2) To represent the State in energy matters involving | 3 | | the federal
government, other states, units of local | 4 | | government, and regional
agencies.
| 5 | | (3) To prepare energy contingency plans for | 6 | | consideration by the
Governor and the General Assembly. | 7 | | Such plans shall include procedures
for determining when a | 8 | | foreseeable danger exists of energy shortages,
including | 9 | | shortages of petroleum, coal, nuclear power, natural gas, | 10 | | and
other forms of energy, and shall specify the actions to | 11 | | be taken to
minimize hardship and maintain the general | 12 | | welfare during such energy
shortages.
| 13 | | (4) To cooperate with State colleges and universities | 14 | | and their
governing boards in energy programs and | 15 | | activities.
| 16 | | (5) (Blank).
| 17 | | (6) To accept, receive, expend, and administer, | 18 | | including by
contracts and grants to other State agencies, | 19 | | any energy-related gifts,
grants, cooperative agreement | 20 | | funds, and other funds made available to
the Department by | 21 | | the federal government and other public and private
| 22 | | sources.
| 23 | | (7) To investigate practical problems, seek and | 24 | | utilize financial
assistance, implement studies and | 25 | | conduct research relating to the
production, distribution | 26 | | and use of alcohol fuels.
|
| | | SB3254 | - 12 - | LRB100 18761 SLF 33996 b |
|
| 1 | | (8) To serve as a clearinghouse for information on | 2 | | alcohol production
technology; provide assistance, | 3 | | information and data relating to the production
and use of | 4 | | alcohol; develop informational packets and brochures, and | 5 | | hold
public seminars to encourage the development and | 6 | | utilization of the best
available technology.
| 7 | | (9) To coordinate with other State agencies in order to | 8 | | promote the
maximum flow of information and to avoid | 9 | | unnecessary overlapping of alcohol
fuel programs. In order | 10 | | to effectuate this goal, the Director of the
Department or | 11 | | his representative shall consult with the Directors, or | 12 | | their
representatives, of the Departments of Agriculture, | 13 | | Central Management
Services, Transportation, and Revenue, | 14 | | the
Office of the State Fire Marshal, and the Environmental | 15 | | Protection Agency.
| 16 | | (10) To operate, within the Department, an Office of | 17 | | Coal Development
and Marketing for the promotion and | 18 | | marketing of Illinois coal both
domestically and | 19 | | internationally. The Department may use monies | 20 | | appropriated
for this purpose for necessary administrative | 21 | | expenses.
| 22 | | The
Office of Coal Development and Marketing shall | 23 | | develop and implement an
initiative to assist the coal | 24 | | industry in Illinois to increase its share of the
| 25 | | international coal market.
| 26 | | (11) To assist the Department of Central Management |
| | | SB3254 | - 13 - | LRB100 18761 SLF 33996 b |
|
| 1 | | Services in
establishing and maintaining a system to | 2 | | analyze and report energy
consumption of facilities leased | 3 | | by the Department of Central Management
Services.
| 4 | | (12) To consult with the Department Departments of | 5 | | Natural Resources and
Transportation and the Illinois | 6 | | Environmental
Protection Agency for the purpose of | 7 | | developing methods and standards that
encourage the | 8 | | utilization of coal combustion by-products as value added
| 9 | | products in productive and benign applications.
| 10 | | (13) To provide technical assistance and information | 11 | | to
sellers and distributors of storage hot water heaters | 12 | | doing business in
Illinois, pursuant to Section 1 of the | 13 | | Hot Water Heater Efficiency Act.
| 14 | | (b) (Blank).
| 15 | | (c) (Blank).
| 16 | | (d) The Department shall develop a package of educational | 17 | | materials
containing information regarding the necessity of | 18 | | waste reduction and recycling to reduce
dependence on landfills | 19 | | and to maintain environmental quality. The
Department shall | 20 | | make this information available to the public on its website | 21 | | and for schools to access for their development of materials. | 22 | | Those materials shall be suitable for instructional use in | 23 | | grades 3, 4
and 5.
| 24 | | (e) (Blank).
| 25 | | (f) (Blank).
| 26 | | (g) (Blank).
|
| | | SB3254 | - 14 - | LRB100 18761 SLF 33996 b |
|
| 1 | | (h) (Blank).
| 2 | | (i) (Blank).
| 3 | | (Source: P.A. 98-44, eff. 6-28-13; 98-692, eff. 7-1-14.)
| 4 | | Section 915. The Clean Coal FutureGen for Illinois Act of | 5 | | 2011 is amended by changing Section 15 as follows: | 6 | | (20 ILCS 1108/15)
| 7 | | Sec. 15. Definitions. For the purposes of this Act: | 8 | | "Agency" means the Illinois Environmental Protection | 9 | | Agency or the United States Environmental Protection Agency | 10 | | depending upon which agency has primacy for the CO 2 injection | 11 | | permit. | 12 | | "Captured CO 2 " means CO 2 and other trace chemical | 13 | | constituents approved by the Agency for injection into the | 14 | | Mount Simon Formation. | 15 | | "Carbon capture and storage" means the process of | 16 | | collecting captured CO 2 from coal combustion by-products for | 17 | | the purpose of injecting and storing the captured CO 2 for | 18 | | permanent storage. | 19 | | "Carbon dioxide" or "CO 2 " means a colorless, odorless gas | 20 | | in the form of one carbon and 2 oxygen atoms that is the | 21 | | principal greenhouse gas. | 22 | | "Department" means the Department of Natural Resources | 23 | | Commerce and Economic Opportunity . | 24 | | "Director" means the Director of Natural Resources |
| | | SB3254 | - 15 - | LRB100 18761 SLF 33996 b |
|
| 1 | | Commerce and Economic Opportunity . | 2 | | "Federal Department" means the federal Department of | 3 | | Energy. | 4 | | "FutureGen Alliance" is a 501(c)(3) non-profit consortium | 5 | | of coal and energy producers created to benefit the public | 6 | | interest and the interest of science through the research, | 7 | | development, and demonstration of near zero-emission coal | 8 | | technology, with the cooperation of the Federal Department. | 9 | | "FutureGen Project" means the public-private partnership | 10 | | between the Federal Department, the FutureGen Alliance, and | 11 | | other partners that will control captured CO 2 and will | 12 | | construct and operate a pipeline and storage field for captured | 13 | | CO 2 . | 14 | | "Mount Simon Formation" means the deep sandstone reservoir | 15 | | into which the sequestered CO 2 is to be injected at a depth | 16 | | greater than 3,500 feet below ground surface and that is | 17 | | bounded by the granitic basement below and the Eau Claire Shale | 18 | | above. | 19 | | "Operator" means the FutureGen Alliance and its member | 20 | | companies, including their parent companies, subsidiaries, | 21 | | affiliates, directors, officers, employees, and agents, or a | 22 | | not-for-profit successor-in-interest approved by the | 23 | | Department. | 24 | | "Operations phase" means the period of time during which | 25 | | the Operator injects and simultaneously monitors CO 2 into the | 26 | | Mount Simon Formation in accordance with its permit approved by |
| | | SB3254 | - 16 - | LRB100 18761 SLF 33996 b |
|
| 1 | | the Agency for the FutureGen Project. | 2 | | "Post-injection" means after the captured CO 2 has been | 3 | | successfully injected into the wellhead at the point at which | 4 | | the captured CO 2 is transferred into the wellbore for carbon | 5 | | sequestration and storage into the Mount Simon Formation. | 6 | | "Pre-injection" means all activities and occurrences prior | 7 | | to successful delivery into the wellhead at the point at which | 8 | | the captured CO 2 is transferred into the wellbore for carbon | 9 | | sequestration and storage into the Mount Simon Formation, | 10 | | including but not limited to, the operation of the FutureGen | 11 | | Project. | 12 | | "Public liability" means any civil legal liability arising | 13 | | out of or resulting from the storage, escape, release, or | 14 | | migration of the sequestered CO 2 that was injected by the | 15 | | Operator. The term "public liability", however, does not | 16 | | include any legal liability arising out of or resulting from | 17 | | the construction, operation, or other pre-injection activity | 18 | | of the Operator or any other third party. | 19 | | "Public liability action" or "action" means a written | 20 | | demand, lawsuit, or claim from any third party received by the | 21 | | Operator seeking a remedy or alleging liability on behalf of | 22 | | Operator resulting from any public liability and is limited to | 23 | | such written demands, claims, or lawsuits asserting claims for | 24 | | property damages, personal or bodily injury damages, | 25 | | environmental damages, or trespass. | 26 | | "Sequestered CO 2 " means the captured CO 2 from the FutureGen |
| | | SB3254 | - 17 - | LRB100 18761 SLF 33996 b |
|
| 1 | | Project operations that is injected into the Mount Simon | 2 | | Formation by the Operator.
| 3 | | (Source: P.A. 97-618, eff. 10-26-11.) | 4 | | Section 920. The Illinois Coal and Energy Development Bond | 5 | | Act is amended by changing Sections 3, 3.1, 6, and 11 as | 6 | | follows:
| 7 | | (20 ILCS 1110/3) (from Ch. 96 1/2, par. 4103)
| 8 | | Sec. 3. The Department of Natural Resources Commerce and | 9 | | Economic Opportunity shall have the
following powers and | 10 | | duties:
| 11 | | (a) To solicit, accept and expend gifts, grants or any form | 12 | | of
assistance, from any source, including but not limited to, | 13 | | the federal
government or any agency thereof;
| 14 | | (b) To enter into contracts, including, but not limited to, | 15 | | service
contracts, with business, industrial, university,
| 16 | | governmental or other qualified individuals or organizations | 17 | | to promote
development of coal and other energy resources. Such | 18 | | contracts may be
for, but are not limited to, the following | 19 | | purposes: (1) the
commercial application of existing | 20 | | technology for development of coal
resources, (2) to initiate | 21 | | or complete development of new technology for
development of | 22 | | coal resources, and (3) for planning, design,
acquisition, | 23 | | development, construction, improvement and financing a site
or | 24 | | sites and facilities for establishing plants, projects or
|
| | | SB3254 | - 18 - | LRB100 18761 SLF 33996 b |
|
| 1 | | demonstrations for development of coal resources and research,
| 2 | | development and demonstration of alternative forms of energy; | 3 | | and
| 4 | | (c) In the exercise of other powers granted it under this | 5 | | Act, to
acquire property, real, personal or mixed, including | 6 | | any rights therein,
by exercise of the power of condemnation in | 7 | | accordance with the
procedures provided for the exercise of | 8 | | eminent domain under the Eminent Domain Act, provided, however, | 9 | | the power of
condemnation shall be exercised solely for the | 10 | | purposes of
siting and/or rights of way and/or easements | 11 | | appurtenant to coal
utilization and/or coal conversion | 12 | | projects. The Department shall not
exercise its powers of | 13 | | condemnation until it has used reasonable good
faith efforts to | 14 | | acquire such property before filing a petition for
condemnation | 15 | | and may thereafter use such powers when it determines that
such | 16 | | condemnation of property rights is necessary to avoid | 17 | | unreasonable
delay or economic hardship to the progress of | 18 | | activities carried out in
the exercise of powers granted under | 19 | | this Act. After June 30, 1985, the
Department shall not | 20 | | exercise its power of condemnation for a project
which does not | 21 | | receive State or U.S. Government funding. Before use of
the | 22 | | power of condemnation for projects not receiving State or U.S.
| 23 | | Government funding, the Department shall hold a public hearing | 24 | | to
receive comments on the exercise of the power of | 25 | | condemnation. The
Department shall use the information | 26 | | received at hearing in making its
final decision on the |
| | | SB3254 | - 19 - | LRB100 18761 SLF 33996 b |
|
| 1 | | exercise of the power of condemnation. The
hearing shall be | 2 | | held in a location reasonably accessible to the public
| 3 | | interested in the decision. The Department shall promulgate | 4 | | guidelines
for the conduct of the hearing.
| 5 | | (Source: P.A. 94-793, eff. 5-19-06; 94-1055, eff. 1-1-07.)
| 6 | | (20 ILCS 1110/3.1) (from Ch. 96 1/2, par. 4103.1)
| 7 | | Sec. 3.1. The Department of Natural Resources Commerce and | 8 | | Economic Opportunity is authorized to
enter into agreements | 9 | | with a county or counties and expend funds authorized by
this | 10 | | Act for purposes set forth in the County Coal Processing Act.
| 11 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 12 | | (20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106) | 13 | | Sec. 6. The Department of Natural Resources Commerce and | 14 | | Economic Opportunity is authorized to use general obligation | 15 | | bond funds for the purposes of issuing grants in accordance | 16 | | with this Act and the General Obligation Bond Act. | 17 | | (Source: P.A. 96-1465, eff. 8-20-10.)
| 18 | | (20 ILCS 1110/11) (from Ch. 96 1/2, par. 4111)
| 19 | | Sec. 11. Expenditure of funds. At all times, the proceeds | 20 | | from the sale of
Bonds are subject to appropriation by the | 21 | | General Assembly and may be expended
in such amounts and at | 22 | | such times as the Department of Natural Resources Commerce and | 23 | | Economic Opportunity , with the approval of the Illinois Energy |
| | | SB3254 | - 20 - | LRB100 18761 SLF 33996 b |
|
| 1 | | Resources Commission, may
deem necessary or desirable for the | 2 | | specific purposes contemplated by this Act.
| 3 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 4 | | Section 925. The General Obligation Bond Act is amended by | 5 | | changing Section 7 as follows: | 6 | | (30 ILCS 330/7) (from Ch. 127, par. 657) | 7 | | Sec. 7. Coal and Energy Development. The amount of | 8 | | $242,700,000 is
authorized to be used by the Department of | 9 | | Natural Resources Commerce and Economic Opportunity (formerly | 10 | | Department of Commerce and Community Affairs) for
coal and | 11 | | energy development purposes, pursuant to Sections 2, 3 and 3.1 | 12 | | of the
Illinois Coal and Energy Development Bond Act, for the | 13 | | purposes
specified
in Section 8.1 of the Energy Conservation | 14 | | and Coal Development Act, including, but not limited to, for | 15 | | the purpose of development costs; and for
the purposes | 16 | | specified in Section 605-332 of the Department of Commerce and
| 17 | | Economic Opportunity Law of the Civil Administrative Code of | 18 | | Illinois, and for the purpose of facility cost reports prepared | 19 | | pursuant to Sections 1-58 or 1-75(d)(4) of the Illinois Power | 20 | | Agency Act and for the purpose of development costs pursuant to | 21 | | Section 8.1 of the Energy Conservation and Coal Development | 22 | | Act. Of this
amount: | 23 | | (a) $143,500,000 is
for the specific purposes of | 24 | | acquisition,
development, construction, reconstruction, |
| | | SB3254 | - 21 - | LRB100 18761 SLF 33996 b |
|
| 1 | | improvement, financing,
architectural and technical planning | 2 | | and installation of capital facilities
consisting of | 3 | | buildings, structures, durable equipment, and land for the
| 4 | | purpose of capital development of coal resources within the | 5 | | State and for the
purposes specified in Section 8.1 of the | 6 | | Energy Conservation and Coal
Development Act; | 7 | | (b) $35,000,000 is for the purposes specified in Section | 8 | | 8.1 of the
Energy
Conservation and Coal Development Act and | 9 | | making grants to generating stations and coal gasification | 10 | | facilities within the State of Illinois and to the owner of a
| 11 | | generating station
located in Illinois and having at least | 12 | | three coal-fired generating units
with accredited summer | 13 | | capability greater than 500 megawatts each at such
generating | 14 | | station as provided in Section 6 of that Bond Act; | 15 | | (c) $13,200,000 is for research, development and | 16 | | demonstration
of forms of energy
other than that derived from | 17 | | coal, either on or off State property; | 18 | | (d) $0 is for the purpose of providing financial assistance | 19 | | to
new
electric generating facilities as provided in Section | 20 | | 605-332 of the Department
of Commerce and Economic Opportunity | 21 | | Law of the Civil Administrative Code of
Illinois; and | 22 | | (e) $51,000,000 is for the purpose of facility cost reports | 23 | | prepared for not more than one facility pursuant to Section | 24 | | 1-75(d)(4) of the Illinois Power Agency Act and not more than | 25 | | one facility pursuant to Section 1-58 of the Illinois Power | 26 | | Agency Act and for the purpose of up to $6,000,000 of |
| | | SB3254 | - 22 - | LRB100 18761 SLF 33996 b |
|
| 1 | | development costs pursuant to Section 8.1 of the Energy | 2 | | Conservation and Coal Development Act. | 3 | | (Source: P.A. 98-94, eff. 7-17-13; 98-781, eff. 7-22-14.) | 4 | | Section 930. The Illinois Coal Technology Development | 5 | | Assistance Act is amended by changing Sections 2 and 4 as | 6 | | follows:
| 7 | | (30 ILCS 730/2) (from Ch. 96 1/2, par. 8202)
| 8 | | Sec. 2. As used in this Act:
| 9 | | (a) "coal" or "coal resources" means Illinois coal or coal | 10 | | products
extracted from the ground or reclaimed from the waste | 11 | | material produced by
coal extraction operations;
| 12 | | (b) "coal demonstration and commercialization" means | 13 | | projects for the
construction and operation of facilities to | 14 | | prove the scientific and
engineering validity or the commercial | 15 | | application of a coal extraction,
preparation, combustion, | 16 | | gasification, liquefaction or other synthetic process,
| 17 | | environmental control, or transportation method;
| 18 | | (c) "coal research" means scientific investigations | 19 | | conducted for the
purpose of increasing the utilization of coal | 20 | | resources and includes
investigations in the areas of | 21 | | extraction, preparation, characterization,
combustion, | 22 | | gasification, liquefaction and other synthetic processes,
| 23 | | environmental control, marketing, transportation, procurement | 24 | | of sites, and
environmental impacts;
|
| | | SB3254 | - 23 - | LRB100 18761 SLF 33996 b |
|
| 1 | | (d) "Fund" means the Coal Technology Development | 2 | | Assistance Fund;
| 3 | | (e) "Board" means the Illinois Coal Development Board or | 4 | | its successor;
| 5 | | (f) "Department" means the Department of Natural Resources | 6 | | Commerce and
Economic Opportunity ;
| 7 | | (g) "public awareness and education" means programs of | 8 | | education,
curriculum development, public service | 9 | | announcements, informational
advertising and informing the | 10 | | news media on issues related to the use of
Illinois coal, the | 11 | | coal industry and related developments. Public
awareness and | 12 | | education shall be directed toward
school age residents of the | 13 | | State, the citizens of the State and other
interested parties.
| 14 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 15 | | (30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
| 16 | | Sec. 4. Expenditures from Coal Technology Development | 17 | | Assistance Fund.
| 18 | | (a) The contents of the Coal Technology Development | 19 | | Assistance Fund may be
expended, subject to appropriation by | 20 | | the General Assembly, in such amounts and
at such times as the | 21 | | Department, with the advice and recommendation of the
Board, | 22 | | may deem necessary or desirable for the purposes of this Act.
| 23 | | (b) The Department shall develop a written plan containing | 24 | | measurable 3-year
and 10-year goals and objectives in regard to | 25 | | the funding of coal research and
coal demonstration and |
| | | SB3254 | - 24 - | LRB100 18761 SLF 33996 b |
|
| 1 | | commercialization projects, and programs designed to
preserve | 2 | | and enhance markets for Illinois coal. In developing these | 3 | | goals and
objectives, the Department shall consider and | 4 | | determine the appropriate balance
for the achievement of | 5 | | near-term and long-term goals and objectives and of
ensuring | 6 | | the timely commercial application of cost-effective | 7 | | technologies or
energy and chemical production processes or | 8 | | systems utilizing coal. The
Department of Commerce and Economic | 9 | | Opportunity shall develop the initial goals and objectives no | 10 | | later than
December 1, 1993, and develop revised goals and | 11 | | objectives no later than
July 1 annually thereafter until the | 12 | | effective date of this amendatory Act of the 100th General | 13 | | Assembly . On and after the effective date of this amendatory | 14 | | Act of the 100th General Assembly, the Department shall develop | 15 | | the revised goals and objectives under this subsection by no | 16 | | later than July 1 of each year.
| 17 | | (c) (Blank).
| 18 | | (d) Subject to appropriation, the Department of Natural | 19 | | Resources may use moneys in the Coal Technology Development | 20 | | Assistance Fund to administer its responsibilities under the | 21 | | Surface Coal Mining Land Conservation and Reclamation Act. | 22 | | (Source: P.A. 99-523, eff. 6-30-16.)
| 23 | | Section 935. The Eminent Domain Act is amended by changing | 24 | | Section 15-5-5 as follows: |
| | | SB3254 | - 25 - | LRB100 18761 SLF 33996 b |
|
| 1 | | (735 ILCS 30/15-5-5)
| 2 | | Sec. 15-5-5. Eminent domain powers in ILCS Chapters 5 | 3 | | through 40. The following provisions of law may include express | 4 | | grants of the power to acquire property by condemnation or | 5 | | eminent domain: | 6 | | (5 ILCS 220/3.1); Intergovernmental Cooperation Act; | 7 | | cooperating entities; for Municipal Joint Action Water | 8 | | Agency purposes.
| 9 | | (5 ILCS 220/3.2); Intergovernmental Cooperation Act; | 10 | | cooperating entities; for Municipal Joint Action Agency | 11 | | purposes. | 12 | | (5 ILCS 585/1); National Forest Land Act; United States of | 13 | | America; for national forests.
| 14 | | (15 ILCS 330/2); Secretary of State Buildings in Cook County | 15 | | Act; Secretary of State; for office facilities in Cook | 16 | | County.
| 17 | | (20 ILCS 5/5-675); Civil Administrative Code of Illinois; the | 18 | | Secretary of Transportation, the Director of Natural | 19 | | Resources, and the Director of Central Management | 20 | | Services; for lands, buildings, and grounds for which an | 21 | | appropriation is made by the General Assembly.
| 22 | | (20 ILCS 620/9); Economic Development Area Tax Increment | 23 | | Allocation Act; municipalities; to achieve the objectives | 24 | | of the economic development project.
| 25 | | (20 ILCS 685/1); Particle Accelerator Land Acquisition Act; |
| | | SB3254 | - 26 - | LRB100 18761 SLF 33996 b |
|
| 1 | | Department of Commerce and Economic Opportunity; for a | 2 | | federal high energy BEV Particle Accelerator.
| 3 | | (20 ILCS 835/2); State Parks Act; Department of Natural | 4 | | Resources; for State parks.
| 5 | | (20 ILCS 1110/3); Illinois Coal and Energy Development Bond | 6 | | Act; Department of Natural Resources Commerce and Economic | 7 | | Opportunity ; for coal projects.
| 8 | | (20 ILCS 1920/2.06); Abandoned Mined Lands and Water | 9 | | Reclamation Act; Department of Natural Resources; for | 10 | | reclamation purposes.
| 11 | | (20 ILCS 1920/2.08); Abandoned Mined Lands and Water | 12 | | Reclamation Act; Department of Natural Resources; for | 13 | | reclamation purposes and for the construction or | 14 | | rehabilitation of housing.
| 15 | | (20 ILCS 1920/2.11); Abandoned Mined Lands and Water | 16 | | Reclamation Act; Department of Natural Resources; for | 17 | | eliminating hazards.
| 18 | | (20 ILCS 3105/9.08a); Capital Development Board Act; Capital | 19 | | Development Board; for lands, buildings and grounds for | 20 | | which an appropriation is made by the General Assembly.
| 21 | | (20 ILCS 3110/5); Building Authority Act; Capital Development | 22 | | Board; for purposes declared by the General Assembly to be | 23 | | in the public interest.
| 24 | | (40 ILCS 5/15-167); Illinois Pension Code; State Universities | 25 | | Retirement System; for real estate acquired for the use of | 26 | | the System.
|
| | | SB3254 | - 27 - | LRB100 18761 SLF 33996 b |
|
| 1 | | (Source: P.A. 94-1055, eff. 1-1-07.) | 2 | | Section 940. The Hot Water Heater Efficiency Act is amended | 3 | | by changing Section 1 as follows:
| 4 | | (815 ILCS 355/1) (from Ch. 96 1/2, par. 9551)
| 5 | | Sec. 1. (a) No new storage hot water heater which is not | 6 | | certified as
meeting the energy efficiency standards of the | 7 | | American Society of Heating,
Refrigerating and Air | 8 | | Conditioning Engineers, Inc., as set forth as the
current | 9 | | ASHRAE 90 Standard, shall be purchased for resale or | 10 | | installation
in the State after June 1, 1986; provided, | 11 | | however, that nothing contained
herein shall prevent sales from | 12 | | being made in the State for use outside the
State and provided | 13 | | that the inventory of storage hot water heaters existing on
| 14 | | April 1, 1986 may be sold after June 1, 1986. Upon
the | 15 | | effective date of this Act, no retail seller or distributor | 16 | | shall increase
its inventory of storage hot water heaters which | 17 | | are not certified as
being in compliance with the current | 18 | | ASHRAE 90 Standard, and all storage
hot water heaters sold | 19 | | after June 1, 1986 shall be certified and labeled by the
| 20 | | manufacturer as being in compliance with the
current ASHRAE 90 | 21 | | Standard.
| 22 | | (b) The Environmental Protection Agency, in coordination | 23 | | with the Department of Natural Resources, The Department of | 24 | | Commerce and
Economic Opportunity shall provide technical
|
| | | SB3254 | - 28 - | LRB100 18761 SLF 33996 b |
|
| 1 | | assistance and information to
retail sellers and distributors | 2 | | of storage hot water heaters doing business
in Illinois to | 3 | | facilitate compliance with the provisions of this Act.
| 4 | | (c) This Act does not apply to storage hot water heaters | 5 | | with a
capacity of 20 or fewer gallons designed expressly for | 6 | | use in recreational
vehicles.
| 7 | | (d) Any violation of subsection (a) shall be a petty | 8 | | offense; provided a
fine of not less than $50 nor more than | 9 | | $500 shall be imposed, and all
fines shall be imposed | 10 | | consecutively. Each storage hot water heater sold
in violation | 11 | | of this Act shall constitute a separate offense.
| 12 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 13 | | Section 999. Effective date. This Act takes effect upon | 14 | | becoming law.
|
|